102.61 (1) Subject to sub. (1m), an employe who is entitled to receive and has received compensation under this chapter, and who is entitled to and is receiving instructions under 29 USC 701 to 797b, as administered by the state in which the employe resides or in which the employe resided at the time of becoming physically handicappeddisabled, shall, in addition to other indemnity, be paid the actual and necessary expenses of travel and, if the employe receives instructions elsewhere than at the place of residence, the actual and necessary costs of maintenance, during rehabilitation, subject to the conditions and limitations specified in sub. (1r).

112,22Section
22. 104.01 (4) of the statutes is renumbered 104.01 (10) and amended to read:

104.01 (10)"Handicapped" worker means one"Worker with a disability" means a worker whose earning capacity is impaired by age or physical or mental deficiency or injury and who is being served in accordance with the recognized rehabilitation program of a sheltered workshop within the facilities of such agency or in or about the home of the handicapped personworker.

104.01 (6) "Sheltered workshop" means a charitable organization or institution conducted not for profit, but for the purpose of carrying out a recognized program of rehabilitation for handicapped workers with disabilities and of providing such workers with disabilities with remunerative employment or other occupational rehabilitating activity of an educational or therapeutic nature.

104.07 (2) The department shall make rules and grant licenses to sheltered workshops to permit the employment of handicapped workers with disabilities who are unable to earn the living-wage theretofore determined upon permitting such persons to work forat a wage which shall bethat is commensurate with his or hertheir ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereofof the workshop.

112,25Section
25. 106.04 (2r) (a) 3. of the statutes is amended to read:

106.04 (2r) (a) 3. "ANSI A117.1" means the 1986 edition of the American national standards institute's code for buildings and facilities providing accessibility and usability for physically handicapped people with physical disabilities.

106.11 (2) (a) 1. e. In cases permitted by regulations of the U.S. secretary of labor, the individual is an adult handicapped individual with a disability whose own income meets the requirements of subd. 1. a. or b., but who is a member of a family whose income does not meet those requirements.

112,27Section
27. 106.11 (2) (a) 3. of the statutes is amended to read:

106.11 (2) (a) 3. "Handicapped individual""Individual with a disability" means an individual who has a physical or mental disability whichthat for the individual constitutes or results in a substantial handicap
barrier to employment.

106.11 (3) (a) To ensure that the governor's coordination and special services plan proposed by the governor's council on workforce excellence and each job training plan proposed by a private industry council pursuant to the federal job training partnership act, 29 USC 1501 to 1792b, coordinate with and consider programs and services provided or proposed by other bodies with a direct interest in employment, training and human resources utilization and respond to concerns of interested citizens, employment and training service providers and members of the business community, the governor's council on workforce excellence and each private industry council shall make their proposed plans available to the public and after reasonable notice hold at least one public hearing before submittal to the governor under par. (c). The governor's council on workforce excellence or private industry council shall provide notice of the public hearing and a copy of the proposed plan or a summary of it to the appropriate standing committees under par. (b). The public hearing shall be held sufficiently in advance of the date each council must submit its plan to the governor to permit the council to address concerns raised at its hearing. The public hearing shall be held at a reasonable time in a place accessible to the public, including handicapped persons with disabilities.

111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, handicapdisability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, handicapdisability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, handicapdisability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employe or applicant for employment based upon the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong.

111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, handicapdisability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

112,32Section
32. 111.32 (8) (intro.) of the statutes is amended to read:

111.321Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, handicapdisability, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours.

Note: This Section repeals the definition of "equivalent bond" in the fair employment law. According to DWD, that definition includes a bond issued to an ex-offender under the federal Comprehensive Employment and Training Act, which has been repealed. Therefore, the definition of "equivalent bond" is now obsolete and should also be repealed.

111.34 (1) (b) Refusing to reasonably accommodate an employe's or prospective employe's handicapdisability unless the employer can demonstrate that the accommodation would pose a hardship on the employer's program, enterprise or business.

111.34 (2) (a) Notwithstanding s. 111.322, it is not employment discrimination because of handicapdisability to refuse to hire, employ, admit or license any individual, to bar or terminate from employment, membership or licensure any individual, or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment if the handicap
disability is reasonably related to the individual's ability to adequately undertake the job-related responsibilities of that individual's employment, membership or licensure.

111.34 (2) (b) In evaluating whether a handicappedan individual with a disability can adequately undertake the job-related responsibilities of a particular job, membership or licensed activity, the present and future safety of the individual, of the individual's coworkers and, if applicable, of the general public may be considered. However, this evaluation shall be made on an individual case-by-case basis and may not be made by a general rule which prohibits the employment or licensure of handicapped individuals with disabilities in general or a particular class of handicapped individuals with disabilities.

111.34 (2) (c) If the employment, membership or licensure involves a special duty of care for the safety of the general public, including but not limited to employment with a common carrier, this special duty of care may be considered in evaluating whether the employe or applicant can adequately undertake the job-related responsibilities of a particular job, membership or licensed activity. However, this evaluation shall be made on an individual case-by-case basis and may not be made by a general rule which prohibits the employment or licensure of handicapped individuals with disabilities in general or a particular class of handicapped individuals
with disabilities.

230.24 (1m) The policy established by the administrator under sub. (1) that deals with probation shall provide the option of extending the probationary period for handicapped individuals with disabilities, as defined in s. 111.32 (8), who are employes in a manner consistent with s. 230.28 (1) (bm).

112,43Section
43. 230.28 (1) (bm) (intro.) of the statutes is amended to read:

230.28 (1) (bm) (intro.) At the request of an appointing authority and an employe, the administrator may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for a handicappedan individual with a disability, as defined in s. 111.32 (8), who is the employe to allow the employe to do any of the following:

112,44Section
44. 230.28 (1) (bm) 2. of the statutes is amended to read:

230.28 (1) (bm) 2. Obtain or adapt to special modifications made to the employe's workplace to accommodate the employe's handicapdisability.

560.20 (1) (e) "Person with severe disabilities" means an individual who is eligible for one or more programs or services under ch. 47 because he or she is a severely handicapped person with a severe disability, as defined in s. 47.01 (4)(3g).

Note:Sections 1 to 33 and 35 to 45 change references in the fair employment, vocational rehabilitation, worker's compensation, minimum wage for sheltered workshop employes and fair housing statutes from the terms "handicap", "handicapped individual, person or worker" and "handicap to employment" to "disability", "individual, person or worker with a disability" and "barrier to employment". According to DWD, some state statutes and federal statutes use the term "disability" rather than "handicap" because it is more up-to-date and commonly used. Therefore, references to "handicap", "handicapped individual, person or worker" and "handicap to employment" should be updated accordingly.